{"id":"training-and-skills-development-act-2016","name":"Training and Skills Development Act 2016","slug":"training-and-skills-development-act-2016","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30594,"registerId":"nt-training-and-skills-development-act-2016-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Training and Skills Development Act 2016","content":"NORTHERN TERRITORY OF AUSTRALIA\nTRAINING AND SKILLS DEVELOPMENT ACT 2016\nAs in force at 23 November 2018\nTable of provisions\nPart 1 Preliminary matters\n1 Short title ......................................................................................... 1\n2 Commencement .............................................................................. 1\n3 Object of Act .................................................................................... 1\n4 Definitions ........................................................................................ 2\n5 Apprentices ...................................................................................... 4\n6 Trainees........................................................................................... 5\n7 Act binds Crown .............................................................................. 5\n8 Application of Criminal Code ........................................................... 5\nPart 2 Administration\n29 Functions of CEO ............................................................................ 5\n30 Powers of CEO ................................................................................ 6\n31 CEO subject to Ministerial direction ................................................. 6\n32 Delegation by CEO .......................................................................... 6\nPart 3 Apprenticeships and traineeships\nDivision 1 Approval by CEO\n33 CEO to consider industry needs ...................................................... 7\n34 Approval of nationally recognised qualifications .............................. 7\n35 List of approved nationally recognised qualifications ....................... 7\n36 Approval of types of apprenticeships or traineeships ...................... 7\nDivision 2 Employers must be approved to employ\napprentices or trainees\n37 Approval before employing apprentice or trainee ............................ 8\n38 Approval of employer ....................................................................... 8\n39 Variation or revocation of approval of employer .............................. 9\nDivision 3 Prohibited employers\n40 Declaration as prohibited employer ............................................... 11\n41 CEO must give show cause notice before making declaration ...... 12\n42 Notice of decision about declaration after show cause notice ....... 12\n43 Revocation of declaration as prohibited employer ......................... 13\n44 Prohibited employer not to contravene declaration........................ 13\n\nTraining and Skills Development Act 2016 ii\nDivision 4 Training contracts\nSubdivision 1 Registration of training contracts\n45 Training contracts .......................................................................... 14\n46 Probationary period of training contract ......................................... 14\n47 Training contract for apprenticeship or traineeship ........................ 15\n48 Registration of training contract ..................................................... 15\n49 Submission of training contract for registration .............................. 15\n50 Registration of training contracts ................................................... 16\n51 Registration of multiple contracts................................................... 16\n52 Cancellation of registration of training contract .............................. 17\n53 Parties bound by training contracts ............................................... 17\nSubdivision 2 Training plans\n54 Training plans ................................................................................ 17\n55 Offence if training plan not submitted to CEO................................ 18\n56 Recognition of qualifications and statements of attainment ........... 18\n57 Approval of RTO ............................................................................ 18\n58 Approval before providing training for course or training\npackage qualification ..................................................................... 19\n59 Variation or revocation of approval ................................................ 19\nSubdivision 3 Termination, cancellation and suspension of\ntraining contracts\n60 Termination of training contract during probationary period .......... 21\n61 Cancellation of registered training contract by parties ................... 22\n62 Suspension of registered training contract by parties .................... 22\n63 Suspension of training contract by CEO ........................................ 23\nSubdivision 4 Assignment of registered training contracts\n64 Assignment of registered training contract .................................... 24\n65 Probationary period of assigned contract ...................................... 26\nSubdivision 5 Awards under registered training contracts\n66 Statement of attainment................................................................. 26\n67 Award of VET qualification............................................................. 27\n68 Resolution of disputes ................................................................... 28\nDivision 5 Wages of apprentice or trainee\n69 Rate of wages of apprentices and trainees.................................... 28\n70 Apprentices and trainees to be paid at determined rate ................ 28\n71 Slackness of trade ......................................................................... 28\n72 Stand down.................................................................................... 29\n\nTraining and Skills Development Act 2016 iii\n73 Proceeding for recovery of wages or other remuneration .............. 29\nDivision 6 Employer obligations\n74 Hindering compliance with requirement ......................................... 30\n75 Progress records ........................................................................... 30\n76 Requirement to keep specified records ......................................... 30\n77 Requirement to provide copies of records ..................................... 31\n78 Travelling expenses and allowances ............................................. 31\n79 Register ......................................................................................... 32\nPart 4 Enforcement powers\n80 Authorised officers ......................................................................... 32\n81 Identity card ................................................................................... 32\n82 Return of identity card ................................................................... 33\n83 Powers of entry.............................................................................. 33\n84 Powers of authorised officers on entry .......................................... 33\n85 Offence to contravene direction ..................................................... 34\n86 Obstruction of authorised officer .................................................... 34\n87 Misleading information ................................................................... 35\nPart 5 Review of decisions\n88 Reviewable decisions .................................................................... 36\n89 Notice of delegate decision............................................................ 36\n90 Application for internal review ........................................................ 36\n91 Effect of application on delegate decision ..................................... 37\n92 Appointment of internal reviewer ................................................... 37\n93 Review of delegate decision by internal reviewer .......................... 37\n94 Conduct of review by internal reviewer .......................................... 38\n95 Decision by CEO on internal review .............................................. 38\n96 Notice of decision of CEO.............................................................. 39\n97 Tribunal reviews ............................................................................ 39\nPart 6 Miscellaneous matters\n98 Protection from liability .................................................................. 40\n99 Unauthorised disclosure of confidential information ...................... 40\n100 Prosecution.................................................................................... 41\n101 Time for commencing prosecution................................................. 41\n102 Criminal liability of executive officer of body corporate .................. 41\n103 Offence – other partners and managers taken to have\ncommitted offence of partner ......................................................... 43\n104 Offence – managers of unincorporated associations taken to\nhave committed offence of other manager .................................... 43\n105 Giving of notices ............................................................................ 44\n106 Approved forms ............................................................................. 44\n107 Regulations.................................................................................... 44\n\nTraining and Skills Development Act 2016 iv\nPart 7 Repeals and transitional matters\nDivision 1 Acts repealed\n108 Acts repealed................................................................................. 45\nDivision 2 Transitional matters for Training and Skills\nDevelopment Act 2016\n109 Definitions ...................................................................................... 45\n110 Continuation of certain things and offices ...................................... 45\n111 Offences – before and after commencement................................. 47\nSchedule 1 Reviewable decisions\nSchedule 2 Repealed Acts\nENDNOTES\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 23 November 2018\n____________________\nTRAINING AND SKILLS DEVELOPMENT ACT 2016\nAn Act to provide for vocational education and training, to establish the\nNorthern Territory Training Commission, to repeal the Northern Territory\nEmployment and Training Act 1999, and for related purposes\nPart 1 Preliminary matters\n1 Short title\nThis Act may be cited as the Training and Skills Development\nAct 2016.\n2 Commencement\nThis Act commences on the day fixed by the Administrator by\nGazette notice.\n3 Object of Act\n(1) The object of this Act is to enable the provision in the Territory of\nnationally recognised vocational education and training that:\n(a) meets the present and future needs of government, industry\nand the community; and\n(b) supports employment and economic growth.\n(2) In enacting this Act the Legislative Assembly:\n(a) recognises that the providers of vocational education and\ntraining, and the courses they provide, are regulated in the\nTerritory under a Commonwealth Act that seeks to provide for\nnational consistency in that regulation; and\n(b) recognises the importance of protecting and enhancing\nquality, flexibility, innovation, transparency, access, equity,\nefficiency, effectiveness and responsiveness in vocational\neducation and training in the Territory; and\n\nPart 1 Preliminary matters\nTraining and Skills Development Act 2016 2\n(c) recognises the importance for the economic prosperity of the\nTerritory of a strong vocational education and training sector\nthat grows and develops; and\n(d) seeks to ensure that the delivery of vocational education and\ntraining in the Territory is kept under continuous review so that\nany necessary reforms to it can be quickly implemented.\n4 Definitions\nIn this Act:\nacting in an official capacity, in relation to an authorised officer,\nmeans the officer is exercising powers or performing functions\nunder, or otherwise related to the administration of, this Act.\naffected person, see section 88(2).\napprentice, see section 5.\napprenticeship means employment-based training undertaken by\nan apprentice.\napproved apprenticeship means an apprenticeship of a type\napproved under section 36.\napproved employer means an employer approved under\nsection 38.\napproved form means a form approved under section 106.\napproved qualification means a nationally recognised qualification\napproved under section 34.\napproved RTO means an RTO approved under section 57.\napproved traineeship means a traineeship of a type approved\nunder section 36.\nauthorised officer means a person appointed under section 80 as\nan authorised officer.\nCEO means the Chief Executive Officer.\ncertifiable component, in relation to a nationally recognised\nqualification that an employee is seeking to attain, means a\ncomponent of the qualification in respect of which:\n(a) if the employee attains the component and all of the other\ncomponents of the qualification – a VET qualification must be\nawarded under section 67; or\n\nPart 1 Preliminary matters\nTraining and Skills Development Act 2016 3\n(b) if the employee attains the component but does not attain all\nof the other components of the qualification – a statement of\nattainment must be issued under section 66(2).\nCommonwealth Act means the National Vocational Education and\nTraining Regulator Act 2011 (Cth).\ndelegate decision means a reviewable decision that is made by a\ndelegate of the CEO.\ninternal reviewer means a public sector employee appointed\nunder section 92(1) to review a delegate decision and to make a\nrecommendation to the CEO in relation to the decision under\nsection 94(2).\nnationally recognised qualification means a qualification\nspecified in a VET accredited course or in a training package.\nparties, in relation to a training contract, means:\n(a) the employer; and\n(b) the apprentice or trainee; and\n(c) if the apprentice or trainee is under 18 years of age – a parent\nor guardian of the apprentice or trainee.\nprohibited employer means an employer declared to be a\nprohibited employer under section 40.\nregistered training contract means a training contract registered\nunder section 50(1).\nregistered training organisation, see section 3 of the\nCommonwealth Act.\nreviewable decision, see section 88(1).\nRTO means a registered training organisation.\nshow cause notice, see section 41.\ntrainee, see section 6.\ntraineeship means employment-based training undertaken by a\ntrainee.\ntraining contract, see section 45(1).\n\nPart 1 Preliminary matters\nTraining and Skills Development Act 2016 4\ntraining package means an integrated set of competency\nstandards and assessment guidelines leading to the award of the\nnationally recognised qualification specified in the package.\ntraining package qualification, in relation to a training package,\nmeans the nationally recognised qualification specified in the\ntraining package.\ntraining plan, see section 54(1).\nTribunal means the Northern Territory Civil and Administrative\nTribunal.\nTribunal affected person, see section 97(3).\ntype, of apprenticeship or traineeship, means a type of\napprenticeship or traineeship approved under section 36(1).\nVET means vocational education and training.\nVET accredited course, see section 3 of the Commonwealth Act.\nVET qualification means a formal certification awarded to a person\nconfirming that the person has attained the level of competency or\nskill specified in each of the certifiable components of a nationally\nrecognised qualification.\nNote for section 4\nThe Interpretation Act 1978 contains definitions and other provisions that may be\nrelevant to this Act.\n5 Apprentices\n(1) An employee who is seeking to attain a nationally recognised\nqualification that is an approved qualification and that may be\nattained through being trained in an approved apprenticeship is an\napprentice if a training contract for the approved apprenticeship\nhas been signed by the persons mentioned in section 45(3).\n(2) However, an employee is not an apprentice if:\n(a) the employee's employer is a prohibited employer; or\n(b) the employment of the person in the approved apprenticeship\nis not covered by an approval under section 38.\n(3) An employee ceases to be an apprentice if the CEO decides to\nrefuse to register the training contract under section 50(1).\n\nPart 2 Administration\nTraining and Skills Development Act 2016 5\n6 Trainees\n(1) An employee who is seeking to attain a nationally recognised\nqualification that is an approved qualification and that may be\nattained through being trained in an approved traineeship is a\ntrainee if a training contract for the approved traineeship has been\nsigned by the persons mentioned in section 45(3).\n(2) However, an employee is not a trainee if:\n(a) the employee's employer is a prohibited employer; or\n(b) the employment of the person in the approved traineeship is\nnot covered by an approval under section 38.\n(3) An employee ceases to be a trainee if the CEO decides to refuse to\nregister the training contract under section 50(1).\n7 Act binds Crown\nThis Act binds the Crown in right of the Territory and, to the extent\nthe legislative power of the Legislative Assembly permits, the\nCrown in all its other capacities.\n8 Application of Criminal Code\nPart IIAA of the Criminal Code applies to an offence against this\nAct.\nNote for section 8\nPart IIAA of the Criminal Code states the general principles of criminal\nresponsibility, establishes general defences, and deals with burden of proof. It\nalso defines, or elaborates on, certain concepts commonly used in the creation of\noffences.\nPart 2 Administration\n29 Functions of CEO\nThe following are the functions of the CEO:\n(a) to provide vocational education and training advice:\n(i) to instrumentalities and agencies of the Crown in the\nTerritory and, on request by the instrumentality or\nagency, to any similar instrumentality or agency\nelsewhere in Australia; and\n(ii) on behalf of the Territory;\n\nPart 2 Administration\nTraining and Skills Development Act 2016 6\n(b) to allocate funding for VET each year;\n(d) any other functions conferred on the CEO by this or any other\nAct.\nNote for section 29\nThe Minister may give directions to the CEO under section 31 with respect to the\nperformance of the CEO's functions, or under the Financial Management\nAct 1995 with respect to the performance of the CEO's function under\nparagraph (b).\n30 Powers of CEO\nThe CEO has the powers necessary to perform the CEO's functions\nunder this Act.\n31 CEO subject to Ministerial direction\n(1) The Minister may, either generally or in relation to a particular\nmatter, give directions to the CEO with respect to the exercise of\nthe CEO's powers or the performance of the CEO's functions.\n(2) A direction is to be given by written notice addressed to the CEO.\n(3) The CEO must give effect to a direction.\n(4) However, the CEO cannot be given a direction that is not permitted\nto be given to a CEO under the Public Sector Employment and\nManagement Act 1993 or any other Act.\n32 Delegation by CEO\n(1) The CEO may delegate to a public sector employee any of the\nCEO's powers and functions under this Act.\n(2) The CEO may delegate to a body any of the CEO's powers and\nfunctions under Part 3 or 4.\n(3) A body to which a power or function of the CEO has been\ndelegated under subsection (2) may delegate that power or function\nto a person employed by, or otherwise connected with, the body.\n\nPart 3 Apprenticeships and traineeships\nDivision 1 Approval by CEO\nTraining and Skills Development Act 2016 7\nPart 3 Apprenticeships and traineeships\nDivision 1 Approval by CEO\n33 CEO to consider industry needs\nThe CEO must have regard to the requirements of industry in the\nTerritory in determining whether:\n(a) to approve a nationally recognised qualification under\nsection 34; or\n(b) to approve a type of apprenticeship or traineeship under\nsection 36(1).\n34 Approval of nationally recognised qualifications\nThe CEO may approve a nationally recognised qualification that an\nemployee may seek to attain by completing an approved\napprenticeship or approved traineeship.\n35 List of approved nationally recognised qualifications\n(1) The CEO may establish and maintain a list of approved\nqualifications and publish the list, as existing from time to time, on a\nwebsite maintained by the Agency.\n(2) The CEO must, in a list mentioned in subsection (1), specify in\nrelation to each listed approved qualification:\n(a) whether that qualification may be attained through completing\nan approved apprenticeship or an approved traineeship; and\n(b) the maximum number of apprentices or trainees seeking to\nattain the qualification that may be employed at any one time\nby any one employer.\n36 Approval of types of apprenticeships or traineeships\n(1) The CEO may approve a type of apprenticeship or traineeship that,\nif completed by an employee, results in the employee attaining an\napproved qualification that is:\n(a) the nationally recognised qualification specified in a VET\naccredited course; or\n(b) a training package qualification.\n\nPart 3 Apprenticeships and traineeships\nDivision 2 Employers must be approved to employ apprentices or trainees\nTraining and Skills Development Act 2016 8\n(2) An approval under subsection (1) is to specify:\n(a) the name of the type of apprenticeship or traineeship; and\n(b) the qualification that will be attained by completing that type of\napprenticeship or traineeship.\nDivision 2 Employers must be approved to employ\napprentices or trainees\n37 Approval before employing apprentice or trainee\n(1) A person (the employer) commits an offence if:\n(a) the employer employs a person who is undertaking an\napproved apprenticeship or approved traineeship; and\n(b) the apprenticeship or traineeship starts; and\n(c) the employment of the person by the employer in the\napprenticeship or traineeship is not covered by an approval\nunder section 38.\nMaximum penalty: 100 penalty units.\n(2) An offence against subsection (1) is an offence of strict liability.\n(3) It is a defence to a prosecution for an offence against\nsubsection (1) if the defendant has a reasonable excuse.\n38 Approval of employer\n(1) A person may apply to the CEO for approval to employ:\n(a) one or more apprentices in an approved apprenticeship; or\n(b) one or more trainees in an approved traineeship.\n(2) An application must be made in the approved form.\n(3) The CEO may grant the approval (subject to the conditions, if any,\nthat the CEO considers appropriate) or refuse to grant the approval.\n(4) However, the approval:\n(a) only covers the employment of apprentices or trainees each of\nwhom is at least 15 years of age, unless the employment of an\napprentice or trainee younger than that is permitted under a\nrelevant award, industrial agreement or enterprise agreement;\nand\n\nPart 3 Apprenticeships and traineeships\nDivision 2 Employers must be approved to employ apprentices or trainees\nTraining and Skills Development Act 2016 9\n(b) is subject to the employer providing each apprentice or trainee\nwith premises, equipment, method of training and supervision\nsuitable for the approved apprenticeship or approved\ntraineeship.\n(5) The CEO must give written notice to the applicant stating the\nfollowing:\n(a) the CEO's decision on the application;\n(b) if the decision is to grant the approval:\n(i) the name of the employer to whom the approval is\ngranted; and\n(ii) the approved apprenticeship or approved traineeship\nthat may be offered by the employer; and\n(iii) the maximum number of apprentices or trainees seeking\nto attain a specified approved qualification that may be\nemployed at any one time by the employer as specified\nin the list published under section 35(1); and\n(iv) the other conditions, if any, to which the grant of the\napproval is subject;\n(c) if the decision is to refuse to grant the approval – the reasons\nfor the refusal.\n(6) Subsection (7) applies to an approval that is subject to conditions\nthat are to be complied with before a training contract for the\napproved apprenticeship or approved traineeship may be entered\ninto by the employer.\n(7) Without affecting any other conditions to which the grant of the\napproval is subject, the approval does not have effect until the\nconditions mentioned in subsection (6) are complied with.\n39 Variation or revocation of approval of employer\n(1) The CEO may vary or revoke an approval granted under\nsection 38:\n(a) on an application by the employer in the approved form; or\n(b) on the CEO's own initiative.\n(2) The CEO may vary an approval under subsection (1)(a) only if\nsatisfied that the variation will not adversely affect the training of an\napprentice or trainee.\n\nPart 3 Apprenticeships and traineeships\nDivision 2 Employers must be approved to employ apprentices or trainees\nTraining and Skills Development Act 2016 10\n(3) The CEO may vary an approval under subsection (1)(b) only if\nsatisfied that the variation is necessary to ensure that the training of\nan apprentice or trainee is provided satisfactorily.\n(4) The CEO may revoke an approval under subsection (1)(b) only if\nsatisfied of one of the following:\n(a) the employer has failed to comply with a condition to which the\napproval is subject;\n(b) the employer, or an apprentice or trainee employed by the\nemployer under the approval, has contravened this Act, the\nRegulations (if any) or a registered training contract to which\nthe employer and the apprentice or trainee are parties;\n(c) the premises, equipment, method of training or supervision\nprovided by the employer to the apprentice or trainee is no\nlonger suitable for the approved apprenticeship or approved\ntraineeship to which the approval relates.\n(5) If the CEO proposes to vary or revoke an approval under\nsubsection (1)(b), the CEO must, by written notice to the employer:\n(a) inform the employer of the proposal and the reasons for it; and\n(b) advise the employer that the employer may, by a specified\ndate (being within 14 days after giving the notice) make a\nsubmission to the CEO in relation to the proposal.\n(6) After the date specified in the notice under subsection (5) for\nmaking a submission, the CEO must:\n(a) if the employer has made a submission – consider that\nsubmission; and\n(b) in any event – decide:\n(i) to vary or revoke the approval as proposed in the notice\nunder subsection (5); or\n(ii) not to vary or revoke the approval; or\n(iii) for a variation – to vary the approval differently than as\nproposed in the notice under subsection (5).\n(7) The CEO must, within 14 days after exercising a power under\nsubsection (1), give written notice of the decision to the employer.\n\nPart 3 Apprenticeships and traineeships\nDivision 3 Prohibited employers\nTraining and Skills Development Act 2016 11\n(8) A decision of the CEO under this section takes effect on:\n(a) the date on which a notice is given under subsection (7); or\n(b) a later date determined by the CEO and specified in the\nnotice.\nDivision 3 Prohibited employers\n40 Declaration as prohibited employer\n(1) The CEO may declare an employer to be a prohibited employer if\nthe CEO is satisfied that the employer is not a suitable person to\nemploy an apprentice or trainee.\n(2) The declaration may be in force for:\n(a) a period specified in it; or\n(b) an indefinite period.\n(3) The declaration must state that the employer must not employ any\napprentice or trainee while the declaration is in force.\n(4) In deciding whether or not the employer is suitable to employ an\napprentice or trainee, the CEO must have regard to the following:\n(a) the employer's ability to provide, or arrange to provide, an\napprentice or trainee with the premises, equipment, method of\ntraining and supervision required under a training plan for the\napprentice or trainee;\n(b) the employer's record in delivering training to apprentices or\ntrainees;\n(c) the past behaviour of the employer, or of an employee of the\nemployer, towards an apprentice or trainee;\n(d) whether the employer has contravened an Act of the Territory,\na State, another Territory or the Commonwealth relating to\nemployment including:\n(i) this Act; and\n(ii) the Northern Territory Employment and Training\nAct 1999 (repealed); and\n(iii) the Work Health and Safety (National Uniform\nLegislation) Act 2011; and\n\nPart 3 Apprenticeships and traineeships\nDivision 3 Prohibited employers\nTraining and Skills Development Act 2016 12\n(iv) the Fair Work Act 2009 (Cth);\n(e) whether the employer has been convicted of an indictable\noffence;\n(f) any other matter the CEO considers relevant to the decision\nwhether or not to declare the employer to be a prohibited\nemployer.\n41 CEO must give show cause notice before making declaration\n(1) This section applies if the CEO is proposing to make a declaration\nunder section 40.\n(2) The CEO must first give the employer a notice (a show cause\nnotice) stating the following:\n(a) that the CEO proposes to declare the employer to be a\nprohibited employer;\n(b) the reasons for the proposed declaration;\n(c) whether the proposed declaration is to apply:\n(i) indefinitely; or\n(ii) for the period stated in the show cause notice;\n(d) that the proposed declaration is to apply to all apprenticeships\nand traineeships;\n(e) that the employer may, by a specified date (being within\n14 days after the notice is given), make a submission to the\nCEO in relation to the proposed declaration.\n42 Notice of decision about declaration after show cause notice\n(1) After the date specified for making a submission in the show cause\nnotice, the CEO must:\n(a) if the employer has made a submission – consider that\nsubmission; and\n(b) in any event – decide:\n(i) to make the declaration as proposed in the show cause\nnotice; or\n(ii) not to make the declaration; or\n\nPart 3 Apprenticeships and traineeships\nDivision 3 Prohibited employers\nTraining and Skills Development Act 2016 13\n(iii) to make a declaration that is different from the one\nproposed in the notice.\n(2) If the CEO decides not to declare the employer to be a prohibited\nemployer, the CEO must immediately give the employer written\nnotice of the decision.\n(3) If the CEO decides to declare the employer to be a prohibited\nemployer, the CEO must immediately give the employer written\nnotice of the decision, including the reasons for the decision.\n(4) The notice under subsection (3) must also state:\n(a) when the declaration takes effect (which must not be earlier\nthan the date of the notice); and\n(b) that the employer may apply for the revocation of the\ndeclaration; and\n(c) how the employer may apply for that revocation.\n43 Revocation of declaration as prohibited employer\n(1) A prohibited employer may apply to the CEO in the approved form\nrequesting the CEO to revoke a declaration under section 40.\n(2) The CEO may completely revoke the declaration if the CEO is\nsatisfied that the employer is no longer an unsuitable person to\nemploy an apprentice or trainee.\n(3) The CEO may partly revoke the declaration if the CEO is satisfied\nthat the employer is no longer an unsuitable person to employ an\napprentice or trainee in a particular type of approved apprenticeship\nor approved traineeship.\n(4) If the CEO decides to completely revoke the declaration, the CEO\nmust immediately give the employer written notice of the decision.\n(5) If the CEO decides to partly revoke the declaration or not to revoke\nthe declaration, the CEO must immediately give the employer\nwritten notice of the decision, including the reasons for the decision.\n44 Prohibited employer not to contravene declaration\n(1) An employer commits an offence if:\n(a) a declaration is in force; and\n(b) the employer engages in conduct; and\n\nPart 3 Apprenticeships and traineeships\nDivision 4 Training contracts\nSubdivision 1 Registration of training contracts\nTraining and Skills Development Act 2016 14\n(c) the conduct results in a contravention of the declaration.\nMaximum penalty: 100 penalty units.\n(2) An offence against subsection (1) is an offence of strict liability.\n(3) It is a defence to a prosecution for an offence against\nsubsection (1) if the defendant has a reasonable excuse.\n(4) In this section:\ndeclaration means:\n(a) a declaration made under section 40; or\n(b) if the declaration has been partly revoked under section 43 –\nthe declaration as partly revoked.\nDivision 4 Training contracts\nSubdivision 1 Registration of training contracts\n45 Training contracts\n(1) A training contract is a binding written agreement between an\nemployer and an apprentice or trainee setting out their respective\nobligations in relation to the approved apprenticeship or approved\ntraineeship in which the apprentice or trainee is employed.\n(2) A training contract may specify that training is to be provided to an\napprentice or trainee:\n(a) on a part-time or a full-time basis; or\n(b) in conjunction with education or training provided at a school\n(as defined in section 5 of the Education Act 2015).\n(3) A training contract must be in the approved form and be signed by:\n(a) the employer; and\n(b) the apprentice or trainee; and\n(c) if the apprentice or trainee is under 18 years of age – a parent\nor guardian of the apprentice or trainee.\n46 Probationary period of training contract\n(1) The probationary period of a training contract is 3 months from its\ncommencement.\n\nPart 3 Apprenticeships and traineeships\nDivision 4 Training contracts\nSubdivision 1 Registration of training contracts\nTraining and Skills Development Act 2016 15\n(2) An employer who has entered into a training contract may, by\nwritten notice to the CEO before the end of its probationary period,\nextend that period by not more than 3 months.\n(3) The probationary period of a training contract may not be extended\nmore than once under subsection (2).\n47 Training contract for apprenticeship or traineeship\n(1) A person (the employer) commits an offence if:\n(a) the employer employs a person who is undertaking an\napproved apprenticeship or approved traineeship; and\n(b) the apprenticeship or traineeship starts; and\n(c) a training contract in the approved form has not been signed\nby the persons mentioned in section 45(3).\nMaximum penalty: 100 penalty units.\n(2) An offence against subsection (1) is an offence of strict liability.\n(3) It is a defence to a prosecution for an offence against\nsubsection (1) if the defendant has a reasonable excuse.\n48 Registration of training contract\n(1) A person (the employer) commits an offence if:\n(a) a training contract in the approved form has been signed by\nthe persons mentioned in section 45(3); and\n(b) 28 days have passed since the apprenticeship or traineeship\nstarted; and\n(c) the employer has not submitted the contract to the CEO under\nsection 49.\nMaximum penalty: 100 penalty units.\n(2) An offence against subsection (1) is an offence of strict liability.\n(3) It is a defence to a prosecution for an offence against\nsubsection (1) if the defendant has a reasonable excuse.\n49 Submission of training contract for registration\nAn employer must submit to the CEO, for registration under\nsection 50(1), a training contract in the approved form that has\nbeen signed by the persons mentioned in section 45(3).\n\nPart 3 Apprenticeships and traineeships\nDivision 4 Training contracts\nSubdivision 1 Registration of training contracts\nTraining and Skills Development Act 2016 16\n50 Registration of training contracts\n(1) The CEO may register a training contract submitted for registration\nunder section 49 (subject to the conditions, if any, that the CEO\nconsiders appropriate) or refuse to register the contract.\n(2) If a training contract is registered under subsection (1), the CEO\nmust, as soon as reasonably practicable, provide a certificate of\nregistration to the employer who submitted the contract.\n(3) A certificate of registration must show the conditions, if any, to\nwhich the registration is subject.\n(4) If the CEO decides to refuse to register a training contract, the CEO\nmust immediately give the employer who submitted the contract\nwritten notice of the decision, including the reasons for the decision.\n51 Registration of multiple contracts\n(1) Except in the circumstances mentioned in subsection (2), the CEO\nmust not register a training contract under section 50(1) for an\napprentice or trainee that would operate concurrently for any period\nwith another such contract for the apprentice or trainee.\n(2) The circumstances are that the CEO is satisfied that:\n(a) each of the following consents to the apprentice or trainee\nentering into the contract:\n(i) the apprentice or trainee;\n(ii) if the apprentice or trainee is under 18 years of age – a\nparent or guardian of the apprentice or trainee;\n(iii) each employer of the apprentice or trainee under a\ntraining contract; and\n(b) the training contracts do not all relate to the same approved\nqualification; and\n(c) an approved qualification that will be attained on the\nsuccessful completion of one training contract is not part of an\napproved qualification that will be attained on the successful\ncompletion of another training contract, irrespective of whether\nthe qualifications are at the same level; and\n(d) training that is to be provided under one of the training\ncontracts by someone other than the employer will not be\nscheduled to be delivered at the same time as such training\nunder another one of the training contracts; and\n\nPart 3 Apprenticeships and traineeships\nDivision 4 Training contracts\nSubdivision 2 Training plans\nTraining and Skills Development Act 2016 17\n(e) the apprentice or trainee intends to apply an equal effort under\nthe training contracts.\n52 Cancellation of registration of training contract\n(1) Despite any other provision of this Act or the conditions to which a\nregistered training contract is subject, the CEO may cancel the\nregistration of the contract by giving written notice to the persons\nwho signed the contract.\n(2) A notice under subsection (1) must specify the grounds for the\ncancellation.\n53 Parties bound by training contracts\n(1) This section applies to a training contract:\n(a) that has been registered under section 50(1); or\n(b) that has been submitted under section 49 for registration and\nin relation to which the CEO has not given a notice of a\ndecision to refuse to register under section 50(4).\n(2) The apprentice or trainee is bound by the training contract until it is\nterminated, cancelled or completed under this Act, whichever\noccurs first, even if the apprentice or trainee was under 18 years of\nage at the time of signing the contract.\n(3) A parent or guardian of an apprentice or trainee who signed the\ntraining contract in accordance with section 45(3)(c) is bound by the\ncontract until whichever of the following occurs first:\n(a) the apprentice or trainee attains the age of 18 years;\n(b) the contract is terminated, cancelled or completed under this\nAct.\n(4) The employer is bound by the training contract until it is terminated,\ncancelled or completed under this Act, whichever occurs first.\nSubdivision 2 Training plans\n54 Training plans\n(1) A training plan is a schedule of the certifiable components to be\nattained by an apprentice or trainee in order to be eligible to be\nawarded the approved qualification to which the apprenticeship or\ntraineeship relates.\n\nPart 3 Apprenticeships and traineeships\nDivision 4 Training contracts\nSubdivision 2 Training plans\nTraining and Skills Development Act 2016 18\n(2) A training plan is to be determined, and agreed to, by the employer,\nan approved RTO and the apprentice or trainee.\n(3) The approved RTO must submit to the CEO the training plan\nagreed to under subsection (2).\n55 Offence if training plan not submitted to CEO\n(1) An approved RTO commits an offence if:\n(a) a training plan relating to a training contract is agreed to under\nsection 54(2) by the persons mentioned in that section; and\n(b) the probationary period of the training contract ends; and\n(c) the approved RTO has not submitted the training plan to the\nCEO under section 54(3).\nMaximum penalty: 10 penalty units.\n(2) An offence against subsection (1) is an offence of strict liability.\n56 Recognition of qualifications and statements of attainment\n(1) An approved RTO (the training plan RTO) commits an offence if:\n(a) a training plan is agreed under section 54(2) by the persons\nmentioned in that section; and\n(b) the apprentice or trainee has attained a nationally recognised\nqualification, or been issued with a statement of attainment in\nrespect of a certifiable component of one, by another RTO;\nand\n(c) the training plan requires the apprentice or trainee to attain the\nsame qualification, or be issued with a statement of attainment\nin respect of the same component, from the training plan RTO.\nMaximum penalty: 100 penalty units.\n(2) An offence against subsection (1) is an offence of strict liability.\n(3) It is a defence to a prosecution for an offence against\nsubsection (1) if the defendant has a reasonable excuse.\n57 Approval of RTO\n(1) An RTO may apply to the CEO for approval to provide training for\nVET accredited courses or training package qualifications to\napprentices or trainees who are undertaking an approved\napprenticeship or approved traineeship.\n\nPart 3 Apprenticeships and traineeships\nDivision 4 Training contracts\nSubdivision 2 Training plans\nTraining and Skills Development Act 2016 19\n(2) An application must be in the approved form.\n(3) The CEO may grant the approval (subject to the conditions, if any,\nthat the CEO considers appropriate) or refuse to grant the approval.\n(4) The CEO must give written notice to the applicant stating the\nfollowing:\n(a) the CEO's decision on the application;\n(b) if the decision is to grant the approval – the conditions, if any,\nto which the grant of the approval is subject;\n(c) if the decision is to refuse to grant the approval – the reasons\nfor the refusal.\n58 Approval before providing training for course or training\npackage qualification\n(1) An RTO commits an offence if:\n(a) the RTO provides training for a VET accredited course or\ntraining package qualification under a training plan to an\napprentice or trainee who is undertaking an approved\napprenticeship or approved traineeship; and\n(b) the RTO is not approved under section 57 to provide the\ntraining to the apprentice or trainee.\nMaximum penalty: 100 penalty units.\n(2) An offence against subsection (1) is an offence of strict liability.\n(3) It is a defence to a prosecution for an offence against\nsubsection (1) if the defendant has a reasonable excuse.\n59 Variation or revocation of approval\n(1) The CEO may vary or revoke an approval granted under\nsection 57:\n(a) on an application by the approved RTO in the approved form;\nor\n(b) on the CEO's own initiative.\n(2) The CEO may vary an approval under subsection (1)(a) only if\nsatisfied that the variation will not adversely affect the provision of\ntraining for a VET accredited course or training package\nqualification to an apprentice or trainee who is undertaking an\napproved apprenticeship or approved traineeship.\n\nPart 3 Apprenticeships and traineeships\nDivision 4 Training contracts\nSubdivision 2 Training plans\nTraining and Skills Development Act 2016 20\n(3) The CEO may vary an approval under subsection (1)(b) only if\nsatisfied that the variation is necessary to ensure that training for a\nVET accredited course or training package qualification is provided\nsatisfactorily to an apprentice or trainee mentioned in\nsubsection (2).\n(4) The CEO may revoke an approval under subsection (1)(b) only if\nsatisfied that the RTO has failed to comply with a condition to which\nthe approval is subject.\n(5) If the CEO proposes to vary or revoke an approval under\nsubsection (1)(b), the CEO must, by written notice to the RTO:\n(a) inform the RTO of the proposal and the reasons for it; and\n(b) advise the RTO that the RTO may, by a specified date (being\nwithin 14 days after giving the notice) make a submission to\nthe CEO in relation to the proposal.\n(6) After the date specified in the notice under subsection (5) for\nmaking a submission, the CEO must:\n(a) if the RTO has made a submission – consider that\nsubmission; and\n(b) in any event – decide:\n(i) to vary or revoke the approval as proposed in the notice\nunder subsection (5); or\n(ii) not to vary or revoke the approval; or\n(iii) for a variation – to vary the approval differently than as\nproposed in the notice under subsection (5).\n(7) The CEO must, within 14 days after exercising a power under\nsubsection (1), give written notice of the decision to the RTO.\n(8) A decision of the CEO under this section takes effect on:\n(a) the date on which a notice is given under subsection (7); or\n(b) a later date determined by the CEO and specified in the\nnotice.\n\nPart 3 Apprenticeships and traineeships\nDivision 4 Training contracts\nSubdivision 3 Termination, cancellation and suspension of training contracts\nTraining and Skills Development Act 2016 21\nSubdivision 3 Termination, cancellation and suspension of\ntraining contracts\n60 Termination of training contract during probationary period\n(1) The employer who is a party to a training contract may, by giving\nwritten notice of termination to the apprentice or trainee, terminate\nthe contract at any time during the probationary period of the\ncontract.\n(2) The apprentice or trainee who is a party to a training contract may,\nwith the consent of a parent or guardian if the apprentice or trainee\nis under 18 years of age, by giving written notice to the employer\nterminate the contract at any time during the probationary period of\nthe contract.\n(3) A party to a training contract who gives written notice of termination\nunder subsection (1) or (2) to another party to the contract must, as\nsoon as reasonably practicable and in any event within 14 days\nafter giving the notice under subsection (1) or (2), give a copy of the\nnotice to the CEO.\n(4) The CEO must, immediately after being given a copy of a notice of\ntermination under subsection (3), notify the parties to the training\ncontract of that fact.\n(5) A notice of termination has effect from the date a copy of the notice\nis given to the CEO under subsection (3) or, if the notice specifies a\nlater effective date, from the later date.\n(6) A party to a training contract commits an offence if:\n(a) the party gives to another party to the contract written notice of\ntermination under subsection (1) or (2); and\n(b) a period of 14 days has passed since the notice was given;\nand\n(c) a copy of the notice has not been given to the CEO under\nsubsection (3).\nMaximum penalty: 10 penalty units.\n(7) An offence against subsection (6) is an offence of strict liability.\nNote for section 60\nSee section 46 for the probationary period of a training contract.\n\nPart 3 Apprenticeships and traineeships\nDivision 4 Training contracts\nSubdivision 3 Termination, cancellation and suspension of training contracts\nTraining and Skills Development Act 2016 22\n61 Cancellation of registered training contract by parties\n(1) The parties to a registered training contract may at any time, by\nwritten notice signed by the parties, cancel the contract.\n(2) The parties to a registered training contract who sign written notice\nof cancellation under subsection (1) must, as soon as reasonably\npracticable and in any event within 14 days after signing the notice\nunder that subsection, give a copy of the notice to the CEO.\n(3) The CEO must, immediately after being given a copy of a notice of\ncancellation under subsection (2), notify the parties to the\nregistered training contract of that fact.\n(4) A notice of cancellation has effect from the date a copy of the notice\nis given to the CEO under subsection (2) or, if the notice specifies a\nlater effective date, from the later date.\n(5) Each party to a registered training contract commits an offence if:\n(a) the parties have signed written notice of cancellation under\nsubsection (1); and\n(b) a period of 14 days has passed since the last of the parties to\nsign the notice did so; and\n(c) a copy of the notice has not been given to the CEO under\nsubsection (2).\nMaximum penalty: 10 penalty units.\n(6) An offence against subsection (5) is an offence of strict liability.\n(7) It is a defence to a prosecution of a party to a registered training\ncontract for an offence against subsection (5) if another party to the\ncontract gave a copy of the notice of cancellation to the CEO within\nthe period required by that subsection.\n62 Suspension of registered training contract by parties\n(1) The parties to a registered training contract may at any time, by\nwritten notice signed by the parties, suspend the operation of the\ncontract for a period of not more than 12 months specified in the\nnotice.\n(2) The parties to a registered training contract who sign written notice\nof suspension under subsection (1) must, as soon as reasonably\npracticable and in any event within 14 days after signing the notice\nunder that subsection, give a copy of the notice to the CEO.\n\nPart 3 Apprenticeships and traineeships\nDivision 4 Training contracts\nSubdivision 3 Termination, cancellation and suspension of training contracts\nTraining and Skills Development Act 2016 23\n(3) The CEO must, immediately after being given a copy of a notice of\nsuspension under subsection (2), notify the parties to the registered\ntraining contract of that fact.\n(4) A notice of suspension has effect from the date a copy of the notice\nis given to the CEO under subsection (2) or, if the notice specifies a\nlater effective date, from the later date.\n(5) Each party to a registered training contract commits an offence if:\n(a) the parties have signed written notice of suspension under\nsubsection (1); and\n(b) a period of 14 days has passed since the last of the parties to\nsign the notice did so; and\n(c) a copy of the notice has not been given to the CEO under\nsubsection (2).\nMaximum penalty: 10 penalty units.\n(6) An offence against subsection (5) is an offence of strict liability.\n(7) It is a defence to a prosecution of a party to a registered training\ncontract for an offence against subsection (5) if another party to the\ncontract gave a copy of the notice of suspension to the CEO within\nthe period required by that subsection.\n63 Suspension of training contract by CEO\n(1) The CEO may, by written notice given to the parties to a registered\ntraining contract, suspend the operation of the contract if the CEO\nis satisfied that:\n(a) a party to the contract is unable to comply with it; or\n(b) a party to the contract has contravened this Act, the\nRegulations (if any) or the contract.\n(2) A notice given under subsection (1) must specify the grounds for\nthe suspension.\n(3) A notice given under subsection (1)(a) may specify a period of\nsuspension of not more than 12 months.\n(4) If the CEO suspends a registered training contract under\nsubsection (1), the suspension:\n(a) takes effect when the notice of suspension has been given to\nthe parties to the contract; and\n\nPart 3 Apprenticeships and traineeships\nDivision 4 Training contracts\nSubdivision 4 Assignment of registered training contracts\nTraining and Skills Development Act 2016 24\n(b) remains in force until the end of the suspension period\nspecified in the notice.\n(5) The CEO may, by written notice given to the parties to a registered\ntraining contract before the end of a suspension period mentioned\nin subsection (4)(b):\n(a) shorten that period; or\n(b) extend that period by not more than 12 months.\nSubdivision 4 Assignment of registered training contracts\n64 Assignment of registered training contract\n(1) The parties to a registered training contract may jointly apply to the\nCEO, in the approved form, for approval to assign the contract,\neither temporarily or permanently, to another approved employer.\n(2) The CEO may grant the approval (subject to the conditions, if any,\nthat the CEO considers appropriate) or refuse to grant the approval.\n(3) The CEO must, as soon as reasonably practicable after receiving\nan application under subsection (1), give written notice to the\nparties stating the following:\n(a) the CEO's decision on the application;\n(b) if the decision is to grant the approval – the conditions, if any,\nto which the grant of the approval is subject;\n(c) if the decision is to refuse to grant the approval – the reasons\nfor the refusal.\n(4) The CEO must, at the same time as the CEO gives a notice\nmentioned in subsection (3)(b) to the parties, give a copy of the\nnotice to the employer to whom the registered training contract is\nproposed to be assigned.\n(5) An approval that is subject to conditions that are to be complied\nwith before a registered training contract may be assigned does not\nhave effect until those conditions are complied with.\n(6) A purported assignment of a registered training contract without the\napproval of the CEO is of no effect.\n\nPart 3 Apprenticeships and traineeships\nDivision 4 Training contracts\nSubdivision 4 Assignment of registered training contracts\nTraining and Skills Development Act 2016 25\n(7) If the CEO approves an application for the assignment of a\nregistered training contract, the following must, within 14 days after\nthe approval, sign a document in the approved form for assigning\nthe contract (an assigning document):\n(a) both employers;\n(b) the apprentice or trainee;\n(c) if the apprentice or trainee is under 18 years of age – a parent\nor guardian of the apprentice or trainee.\n(8) A registered training contract is taken to have been assigned if:\n(a) the apprentice or trainee is employed for more than 14 days\nby the employer to whom the assignment of the contract has\nbeen approved under this section; and\n(b) an assigning document has not been signed as required by\nsubsection (7) within that period of 14 days.\n(9) An assignment of a registered training contract is taken to come\ninto effect on the day on which the apprentice or trainee starts\nemployment with the employer to whom the contract is, or is taken\nto be, assigned.\n(10) The CEO may give any directions that the CEO considers\nappropriate in relation to how a registered training contract may be\nassigned.\n(11) A person commits an offence if:\n(a) a direction is given to the person under subsection (10); and\n(b) the person intentionally engages in conduct; and\n(c) the conduct results in a contravention of the direction and the\nperson is reckless in relation to the result.\nMaximum penalty: 100 penalty units.\n(12) Strict liability applies to subsection (11)(a).\n(13) The CEO may require an employer to whom a registered training\ncontract is assigned to sign a new training contract that, when\nregistered by the CEO, is to be the registered training contract in\nplace of the assigned training contract.\n\nPart 3 Apprenticeships and traineeships\nDivision 4 Training contracts\nSubdivision 5 Awards under registered training contracts\nTraining and Skills Development Act 2016 26\n65 Probationary period of assigned contract\n(1) An assigned training contract has a probationary period of 3 months\nfrom the date on which it is, or is taken to be, assigned.\n(2) Subsection (3) applies if the CEO is satisfied that the employer to\nwhom a training contract is assigned is substantially the same as\nthe employer from whom it was assigned.\n(3) The CEO may, by written notice to the employer to whom the\ncontract is assigned, declare that:\n(a) the probationary period of the contract is a specified period of\nnot more than 3 months; or\n(b) there is no probationary period of the contract.\nNote for subsection (3)\nSubdivision 3 applies to an assigned training contract in the same way as it\napplies to one that has not been assigned.\nSubdivision 5 Awards under registered training contracts\n66 Statement of attainment\n(1) Subsection (2) applies if:\n(a) an RTO has assessed an apprentice or trainee as having\nattained the level of competency or skill specified in a\ncertifiable component of a nationally recognised qualification\nthat is specified in the registered training contract to which the\napprentice or trainee is a party; and\n(b) the apprentice or trainee does not intend to complete the\nqualification.\n(2) The RTO must issue a statement of attainment to the apprentice or\ntrainee in respect of the component.\n(3) An RTO commits an offence if:\n(a) the RTO has assessed an apprentice or trainee as having\nattained the level of competency or skill mentioned in\nsubsection (1)(a); and\n(b) the RTO does not give written notice of the assessment to the\nCEO within 14 days after the assessment.\nMaximum penalty: 100 penalty units.\n\nPart 3 Apprenticeships and traineeships\nDivision 4 Training contracts\nSubdivision 5 Awards under registered training contracts\nTraining and Skills Development Act 2016 27\n(4) An offence against subsection (3) is an offence of strict liability.\n67 Award of VET qualification\n(1) Subsection (2) applies if an RTO assesses an apprentice or trainee\nas having attained the level of competency or skill specified in each\nof the certifiable components of a nationally recognised qualification\nthat is specified in the registered training contract to which the\napprentice or trainee is a party.\n(2) The RTO must:\n(a) seek confirmation from the employer and the apprentice or\ntrainee of the attainment of the level of competency or skill\nmentioned in subsection (1); and\n(b) if that confirmation is received, award a VET qualification to\nthe apprentice or trainee in respect of that attainment as soon\nas reasonably practicable.\n(3) An RTO commits an offence if:\n(a) an apprentice or trainee is assessed as mentioned in\nsubsection (1); and\n(b) the RTO does not give written notice of the assessment and\nits confirmation by the employer and the apprentice or trainee\nto the CEO within 14 days after receiving that confirmation.\nMaximum penalty: 100 penalty units.\n(4) An offence against subsection (3) is an offence of strict liability.\n(5) It is a defence to a prosecution for an offence against\nsubsection (3) if the defendant has a reasonable excuse.\n(6) If the CEO receives notice of an assessment, the CEO must issue\nto the apprentice or trainee a document indicating that the\napprentice or trainee has completed the training specified in the\nregistered training contract.\n(7) A registered training contract is, on and from the date on which the\nCEO issues the document under subsection (6) in relation to the\ncontract, taken to have been completed and, as between the\nparties, to have no further effect.\n\nPart 3 Apprenticeships and traineeships\nDivision 5 Wages of apprentice or trainee\nTraining and Skills Development Act 2016 28\n68 Resolution of disputes\n(1) A party to a registered training contract may apply to the CEO for\nthe CEO to resolve a dispute between the parties to the contract\nrelating to an obligation of a party under the contract.\n(2) If an application is made under subsection (1), the CEO must, as\nsoon as reasonably practicable after receiving the application,\nattempt to resolve the dispute.\nDivision 5 Wages of apprentice or trainee\n69 Rate of wages of apprentices and trainees\n(1) This section applies subject to the terms of any relevant award,\nindustrial agreement or enterprise agreement.\n(2) Subject to section 71(3), the rate of wages payable to apprentices\nand trainees is to be determined by the CEO based on their levels\nof competence.\n70 Apprentices and trainees to be paid at determined rate\n(1) A person commits an offence if:\n(a) the person intentionally employs, attempts to employ or\nauthorises or permits the employment of an apprentice or\ntrainee at a rate of wages; and\n(b) the rate is lower than the applicable rate determined under\nsection 69(2).\nMaximum penalty: 100 penalty units.\n(2) Strict liability applies to subsection (1)(b).\n71 Slackness of trade\n(1) The CEO may, in the circumstances mentioned in subsection (2),\napprove an employer employing an apprentice or trainee for a\nperiod, in a week or month, less than the complete week or month.\n(2) The circumstances are that the CEO is satisfied that the employer\nis, or is likely to be, temporarily unable to provide sufficient work to\nkeep the apprentice or trainee fully employed during the complete\nweek or month.\n(3) If the CEO approves, under subsection (1), the employment of an\napprentice or trainee for a period, in a week or month, less than the\ncomplete week or month, the CEO may, by written notice given to\n\nPart 3 Apprenticeships and traineeships\nDivision 5 Wages of apprentice or trainee\nTraining and Skills Development Act 2016 29\nthe employer, fix the rate of wages payable to the apprentice or\ntrainee for that week or month.\n72 Stand down\n(1) This section applies if an employer of an apprentice or trainee is\nunable, because of an industrial occurrence, to keep the apprentice\nor trainee fully employed during the normal working hours of a day.\n(2) Subject to subsections (3) and (4) and with the prior approval of the\nCEO, the employer may deduct from the wages due to the\napprentice or trainee an amount equal to the wages for the part of\nthe day, in excess of 20 minutes, during which the apprentice or\ntrainee could not be fully employed.\n(3) An apprentice or trainee who is required to attend for work on a day\nbut, because of an industrial occurrence, cannot be fully employed\nduring the normal working hours of the day, is entitled to receive\npayment equal to the apprentice's or trainee's wages for 2 hours\nwork.\n(4) An apprentice or trainee who starts work on a day but, because of\nan industrial occurrence, cannot be fully employed during the\nnormal working hours of the day is entitled to receive payment\nequal to the greater of the following:\n(a) the apprentice's or trainee's wages for 4 hours work;\n(b) the apprentice's or trainee's wages for the number of hours\nactually worked by the apprentice or trainee on that day.\n(5) In this section:\nindustrial occurrence means a breakdown in machinery or a\nstoppage of work for a reason for which an employer cannot\nreasonably be held responsible.\n73 Proceeding for recovery of wages or other remuneration\nIn a proceeding brought against an employer for the recovery of\nwages or other remuneration payable to an apprentice or trainee, it\nis not a defence to the proceeding that the apprentice or trainee\nwas employed in contravention of this Act.\n\nPart 3 Apprenticeships and traineeships\nDivision 6 Employer obligations\nTraining and Skills Development Act 2016 30\nDivision 6 Employer obligations\n74 Hindering compliance with requirement\nAn employer who is a party to a registered training contract with an\napprentice or trainee commits an offence if:\n(a) the employer knows that an RTO has imposed a requirement\non the apprentice or trainee relating to training or assessment;\nand\n(b) the employer intentionally engages in conduct; and\n(c) the conduct results in hindering the apprentice or trainee from\ncomplying with the requirement and the employer is reckless\nin relation to the result.\nMaximum penalty: 100 penalty units.\n75 Progress records\n(1) An employer who is a party to a registered training contract with an\napprentice or trainee must, while the contract remains in force,\nmaintain progress records in relation to the apprentice or trainee.\n(2) An employer who is a party to a registered training contract\ncommits an offence if:\n(a) the employer intentionally engages in conduct; and\n(b) the conduct results in the employer not maintaining progress\nrecords mentioned in subsection (1) and the employer is\nreckless in relation to the result.\nMaximum penalty: 100 penalty units.\n(3) In this section:\nprogress records means records that are adequate for enabling\nthe CEO or a relevant RTO to ascertain the progress of the\napprentice or trainee towards attaining the level of competency or\nskill specified in a certifiable component of a nationally recognised\nqualification specified in the registered training contract.\n76 Requirement to keep specified records\n(1) The CEO may, by written notice given to an employer who is a\nparty to a registered training contract, require the employer to keep,\nin the manner and form specified in the notice, records of a kind\nspecified in the notice.\n\nPart 3 Apprenticeships and traineeships\nDivision 6 Employer obligations\nTraining and Skills Development Act 2016 31\n(2) An employer commits an offence if:\n(a) a notice has been given to the employer under subsection (1);\nand\n(b) the employer intentionally engages in conduct; and\n(c) the conduct results in a contravention of the notice and the\nemployer is reckless in relation to the result.\nMaximum penalty: 100 penalty units.\n(3) Strict liability applies to subsection (2)(a).\n77 Requirement to provide copies of records\n(1) The CEO may, by written notice given to an employer, require the\nemployer to provide to the CEO, within 7 days after the date of the\nnotice or a longer period specified in the notice, copies of records\nrelating to an apprenticeship or traineeship specified in the notice.\n(2) An employer commits an offence if:\n(a) a notice has been given to the employer under subsection (1);\nand\n(b) the employer intentionally engages in conduct; and\n(c) the conduct results in a contravention of the notice and the\nemployer is reckless in relation to the result.\nMaximum penalty: 100 penalty units.\n(3) Strict liability applies to subsection (2)(a).\n78 Travelling expenses and allowances\n(1) The CEO may establish a policy as to when travelling expenses\nand allowances may be paid to an apprentice or trainee who is\nrequired to travel to undertake training as part of an approved\napprenticeship or approved traineeship.\n(2) The CEO may approve the payment of travelling expenses and\nallowances to an apprentice or trainee in accordance with the policy\nmentioned in subsection (1).\n\nPart 4 Enforcement powers\nTraining and Skills Development Act 2016 32\n79 Register\nThe CEO must establish and maintain a register containing the\nfollowing:\n(a) the names of all apprentices and trainees in each type of\napproved apprenticeship or approved traineeship;\n(b) particulars of all registered training contracts;\n(c) the names and addresses of all approved employers;\n(d) a record of all terminations, cancellations, suspensions and\nassignments of registered training contracts;\n(e) for each type of approved apprenticeship or approved\ntraineeship – the names and particulars of all persons who\nhave completed the training specified under a registered\ntraining contract in respect of that type of apprenticeship or\ntraineeship.\nPart 4 Enforcement powers\n80 Authorised officers\n(1) The CEO may, in writing, appoint suitable persons as authorised\nofficers for this Part.\n(2) An authorised officer may (but need not) be a public sector\nemployee.\n81 Identity card\n(1) The CEO must give a person who is an authorised officer an\nidentity card stating the person's name and that the person is an\nauthorised officer.\n(2) The identity card must:\n(a) show a recent photograph of the authorised officer; and\n(b) show the card's date of issue and expiry; and\n(c) be signed by the officer.\n(3) This section does not prevent the issue of a single identity card to a\nperson for this and another Act.\n\nPart 4 Enforcement powers\nTraining and Skills Development Act 2016 33\n82 Return of identity card\n(1) A person who ceases to be an authorised officer must return the\nperson's identity card to the CEO within 21 days after the cessation.\nMaximum penalty: 20 penalty units.\n(2) An offence against subsection (1) is an offence of strict liability.\n83 Powers of entry\n(1) An authorised officer may enter a place where, or where the officer\nreasonably believes, an apprentice or trainee is employed.\n(2) Despite subsection (1), an authorised officer may not enter\nresidential premises except with the consent of the occupier.\n(3) An authorised officer who enters a place under this section must, at\nthe request of the occupier:\n(a) show the occupier the identity card issued to the officer under\nsection 81; and\n(b) permit the occupier to examine the card.\n(4) If an authorised officer who enters a place under this section does\nnot comply with subsection (3) in response to a request of the\noccupier, the officer must leave the place immediately.\n84 Powers of authorised officers on entry\nAn authorised officer who enters a place under section 83 may do\none or more of the following at the place:\n(a) inspect and search the place and anything in the place to\ncheck for compliance with this Act, the Regulations (if any) or\na registered training contract;\n(b) inspect and test any equipment that the officer reasonably\nbelieves is used in the training of apprentices or trainees;\n(c) inspect any facilities;\n(d) inspect any work in progress that the officer reasonably\nbelieves relates to the training of apprentices or trainees;\n(e) direct the occupier of the place to give the officer specified\ninformation about the training of apprentices or trainees at the\nplace;\n\nPart 4 Enforcement powers\nTraining and Skills Development Act 2016 34\n(f) direct the occupier of the place to produce any documents\ncontaining information about the training of apprentices or\ntrainees at the place;\n(g) inspect, take extracts from, or make copies of, documents\nproduced under paragraph (f);\n(h) operate any electronic equipment at the place for the\npurposes of retrieving or recording the information mentioned\nin paragraph (e) or document mentioned in paragraph (f);\n(i) direct a person having the control of machinery at the place to\ndo either or both of the following:\n(i) stop the machinery;\n(ii) give the machinery (including anything found on or in it)\nto another person, or remove it to another place, for a\nspecified examination or for testing;\n(j) detain or seize the machinery mentioned in paragraph (i) for\nexamination or testing;\n(k) make a record in relation to an exercise of a power for this\nsection (including, for example, by taking a photograph or\nmaking a video recording).\n85 Offence to contravene direction\n(1) A person commits an offence if:\n(a) an authorised officer has given a direction to the person under\nsection 84(e), (f) or (i): and\n(b) the person intentionally engages in conduct; and\n(c) the conduct results in a contravention of the direction and the\nperson is reckless in relation to the result.\nMaximum penalty: 100 penalty units.\n(2) Strict liability applies to subsection (1)(a).\n86 Obstruction of authorised officer\n(1) A person commits an offence if:\n(a) the person intentionally obstructs another person; and\n(b) the other person is an authorised officer; and\n\nPart 4 Enforcement powers\nTraining and Skills Development Act 2016 35\n(c) the authorised officer is acting in an official capacity and the\nperson has knowledge of that circumstance.\nMaximum penalty: 100 penalty units.\n(2) Strict liability applies to subsection (1)(b).\n(3) In this section:\nobstruct includes hinder and resist.\n87 Misleading information\n(1) A person commits an offence if:\n(a) the person intentionally gives information to another person;\nand\n(b) the other person is an authorised officer; and\n(c) the person knows the information is misleading; and\n(d) the authorised officer is acting in an official capacity and the\nperson has knowledge of that circumstance.\nMaximum penalty: 400 penalty units or imprisonment for\n2 years.\n(2) A person commits an offence if:\n(a) the person intentionally gives a document to another person;\nand\n(b) the other person is an authorised officer; and\n(c) the document contains misleading information and the person\nhas knowledge of that circumstance; and\n(d) the authorised officer is acting in an official capacity and the\nperson has knowledge of that circumstance.\nMaximum penalty: 400 penalty units or imprisonment for\n2 years.\n(3) Strict liability applies to subsections (1)(b) and (2)(b).\n(4) Subsection (2) does not apply if the person, when giving the\ndocument:\n(a) draws the misleading aspect of the document to the other\nperson's attention; and\n\nPart 5 Review of decisions\nTraining and Skills Development Act 2016 36\n(b) to the extent to which the person can reasonably do so – gives\nthe other person the information necessary to remedy the\nmisleading aspect of the document.\n(5) In this section:\nmisleading information means information that is misleading in a\nmaterial particular or because of the omission of a material\nparticular.\nPart 5 Review of decisions\n88 Reviewable decisions\n(1) A reviewable decision is a decision specified in Schedule 1.\n(2) An affected person, for a reviewable decision, is:\n(a) a person specified in Schedule 1 opposite the decision; or\n(b) if an apprentice or trainee who is under 18 years of age is a\nperson specified in Schedule 1 opposite the decision – a\nparent or guardian of the apprentice or trainee.\n89 Notice of delegate decision\n(1) This section applies if a reviewable decision is a delegate decision.\n(2) As soon as reasonably practicable after making a delegate\ndecision, the delegate of the CEO must give written notice of the\ndecision to each affected person.\n(3) The notice must state the following:\n(a) the delegate decision and the reasons for it;\n(b) that the affected person may apply for an internal review of the\ndecision under section 90;\n(c) the period allowed for applying for an internal review.\n90 Application for internal review\n(1) An affected person for a delegate decision may apply to the CEO\nfor an internal review of the decision.\n(2) The application must be made within 28 days after written notice of\nthe delegate decision is given to the affected person under\nsection 89(2) or any longer period that the CEO allows.\n\nPart 5 Review of decisions\nTraining and Skills Development Act 2016 37\n(3) The application must:\n(a) be in the approved form; and\n(b) be accompanied by the fee (if any) prescribed by regulation;\nand\n(c) state the grounds on which the application is made and the\nfacts relied on to establish the grounds.\n91 Effect of application on delegate decision\n(1) The making of an application under section 90 does not stay the\noperation of the delegate decision.\n(2) However, the CEO may stay the operation of the delegate decision\npending completion of the review.\n92 Appointment of internal reviewer\n(1) The CEO may appoint a public sector employee to review a\ndelegate decision and to make a recommendation to the CEO in\nrelation to the decision under section 94(2).\n(2) The CEO may act under subsection (1):\n(a) on an application under section 90; or\n(b) on the CEO's own initiative.\n(3) The CEO must, as soon as reasonably practicable after deciding to\nact under subsection (2)(b), give written notice of the appointment\nof an internal reviewer to each affected person for the delegate\ndecision.\n(4) The CEO must, at the same time as giving a notice to each affected\nperson under subsection (3), give a copy of the notice to the\ninternal reviewer.\n(5) The person who made the delegate decision cannot be the internal\nreviewer of that decision.\n93 Review of delegate decision by internal reviewer\n(1) On receipt of an application under section 90 or a copy of a notice\nunder section 92(4), the internal reviewer must review the delegate\ndecision.\n(2) However, in the circumstances mentioned in subsection (3), the\ninternal reviewer may reject an application under section 90 without\nreviewing the delegate decision.\n\nPart 5 Review of decisions\nTraining and Skills Development Act 2016 38\n(3) The circumstances for rejecting an application under subsection (2)\nare that the internal reviewer is satisfied that:\n(a) the application is frivolous or vexatious; or\n(b) the application was made after the period allowed by\nsection 90(2) for making the application had expired; or\n(c) the application relates to a matter that is the subject of an\napplication to a court or tribunal.\n(4) Without limiting subsection (3)(a), an application is frivolous or\nvexatious if, at the time the application was made:\n(a) another application under section 90 for an internal review of\nthe same delegate decision had been made by another\naffected person; and\n(b) a decision has been made on the other application under\nsection 95 or the other application has been rejected under\nsubsection (2).\n94 Conduct of review by internal reviewer\n(1) In reviewing the delegate decision, the internal reviewer must:\n(a) take into account any matter that the Regulations require the\ninternal reviewer to take into account in reviewing the\ndecision; and\n(b) follow the procedures, if any, for review set out in the\nRegulations; and\n(c) comply with the rules of natural justice.\n(2) After reviewing the delegate decision, the internal reviewer must\nmake a recommendation to the CEO on whether to:\n(a) affirm the decision; or\n(b) vary the decision; or\n(c) set aside the decision and substitute a new decision.\n95 Decision by CEO on internal review\n(1) After receiving a recommendation under section 94(2), the CEO\nmust:\n(a) affirm the decision; or\n\nPart 5 Review of decisions\nTraining and Skills Development Act 2016 39\n(b) vary the decision; or\n(c) set aside the decision and substitute a new decision.\n(2) In making a decision under this section, the CEO is not bound by\nthe recommendation made by the internal reviewer.\n96 Notice of decision of CEO\n(1) As soon as reasonably practicable after making a decision under\nsection 95, the CEO must give written notice of the decision to the\nfollowing persons:\n(a) the applicant for the internal review;\n(b) each person who could have applied for an internal review of\nthe decision under section 90.\n(2) The notice must state the following:\n(a) the CEO's decision and the reasons for it;\n(b) details of any right the person has under this Act to apply to\nthe Tribunal for a review of the CEO's decision.\n97 Tribunal reviews\n(1) This section applies to:\n(a) a reviewable decision that is not a delegate decision; and\n(b) a decision under section 93(2) to reject an application under\nsection 90; and\n(c) a decision under section 95.\n(2) The Tribunal has jurisdiction to review a decision mentioned in\nsubsection (1).\n(3) A Tribunal affected person, for a decision mentioned in\nsubsection (1), is:\n(a) for a reviewable decision that is not a delegate decision:\n(i) a person specified in Schedule 1 opposite the decision;\nor\n(ii) if an apprentice or trainee who is under 18 years of age\nis a person specified in Schedule 1 opposite the\ndecision – a parent or guardian of the apprentice or\ntrainee; and\n\nPart 6 Miscellaneous matters\nTraining and Skills Development Act 2016 40\n(b) for a decision under section 93(2) to reject an application\nunder section 90 – the person who made the application under\nsection 90; and\n(c) for a decision under section 95 – the applicant under section\n90 and any other person who could have applied under that\nsection.\n(4) A Tribunal affected person for a decision mentioned in\nsubsection (1) may apply to the Tribunal for a review of the\ndecision.\nPart 6 Miscellaneous matters\n98 Protection from liability\n(1) A person is not civilly or criminally liable for an act done or omitted\nto be done by the person in good faith in the exercise of a power or\nperformance of a function as any of the following:\n(b) the CEO;\n(c) a delegate of the CEO;\n(d) an internal reviewer.\n(3) Subsection (1) does not affect any liability the Territory would, apart\nfrom that subsection, have for the act or omission.\n(4) In this section:\nexercise, of a power, includes the purported exercise of the power.\nperformance, of a function, includes the purported performance of\nthe function.\n99 Unauthorised disclosure of confidential information\n(1) A person commits an offence if:\n(a) the person obtains information in the course of performing\nfunctions connected with the administration of this Act; and\n(b) the person intentionally engages in conduct; and\n(c) the conduct results in the disclosure of the information and the\nperson is reckless in relation to the result.\nMaximum penalty: 200 penalty units or imprisonment for\n2 years.\n\nPart 6 Miscellaneous matters\nTraining and Skills Development Act 2016 41\n(2) Strict liability applies to subsection (1)(a).\n(3) Subsection (1) does not apply if:\n(a) the person discloses the information:\n(i) for the administration of this Act; or\n(ii) with the consent of the person to whom the information\nrelates; or\n(iii) for legal proceedings arising out of the operation of this\nAct; or\n(b) the information is otherwise available to the public.\nNote for subsection (3)\nIn addition to the circumstances mentioned in subsection (3), a person who\ndiscloses confidential information will not be criminally responsible for an offence\nif the disclosure is justified or excused by or under a law (see section 43BE of the\nCriminal Code).\n100 Prosecution\n(1) A prosecution for an offence under this Act may be commenced by\nthe CEO or a person authorised by the CEO.\n(2) A document apparently signed by the CEO authorising a person to\ncommence a particular prosecution is, in the absence of proof to\nthe contrary, proof of the fact so stated.\n101 Time for commencing prosecution\nA prosecution for an offence under this Act must be commenced\nwithin 6 months after the day on which the commission of the\nalleged offence comes to the knowledge of a police officer or the\nCEO.\n102 Criminal liability of executive officer of body corporate\n(1) An executive officer of a body corporate commits an offence if:\n(a) the body corporate commits an offence (a relevant offence)\nby contravening a provision of this Act; and\n(b) the officer was in a position to influence the conduct of the\nbody corporate in relation to the contravention; and\n(c) the officer failed to take reasonable steps to prevent the\ncontravention; and\n\nPart 6 Miscellaneous matters\nTraining and Skills Development Act 2016 42\n(d) the officer was reckless about whether the contravention\nwould happen.\nMaximum penalty: The maximum penalty that may be imposed\non an individual for the relevant offence.\n(2) In deciding whether the executive officer took (or failed to take)\nreasonable steps to prevent the contravention, a court must\nconsider the following:\n(a) any action the officer took directed towards ensuring the\nfollowing (to the extent the action is relevant to the\ncontravention):\n(i) the body corporate arranging regular professional\nassessments of the body corporate's compliance with\nthe contravened provision;\n(ii) the body corporate implementing any appropriate\nrecommendation arising from an assessment under\nsubparagraph (i);\n(iii) the body corporate's representatives and contractors\nhaving a reasonable knowledge and understanding of\nthe requirement to comply with the contravened\nprovision;\n(b) any action the officer took when the officer became aware that\nthe contravention was, or could be, about to happen.\n(3) Subsection (2) does not limit the matters the court may consider.\n(4) This section does not affect the liability of the body corporate.\n(5) This section applies whether or not the body corporate is\nprosecuted for, or convicted of, the relevant offence.\n(6) This section does not apply if the body corporate would have a\ndefence to a prosecution for the relevant offence.\n(7) In this section:\nexecutive officer, of a body corporate, means a director or other\nperson who is concerned with, or takes part in, the management of\nthe body corporate.\n\nPart 6 Miscellaneous matters\nTraining and Skills Development Act 2016 43\n103 Offence – other partners and managers taken to have\ncommitted offence of partner\n(1) If a person (the offender) who is a partner in a partnership commits\nan offence against a provision of this Act in the course of the\nactivities of the partnership, each other partner in the partnership,\nand each other person who is concerned with, or takes part in, the\nmanagement of the partnership, is:\n(a) taken to have committed the offence; and\n(b) liable to the same penalty for the offence as an individual.\n(2) Subsection (1) does not apply if:\n(a) the other partner or person was not in a position to influence\nthe conduct of the offender; or\n(b) the other partner or person, being in a position to influence the\nconduct of the offender, took reasonable steps and exercised\ndue diligence to prevent the conduct.\nNote for subsection (2)\nThe defendant has an evidential burden in relation to the matters mentioned (see\nsection 43BU of the Criminal Code).\n(3) This section does not affect the liability of the offender.\n(4) This section applies whether or not the offender is prosecuted for,\nor convicted of, the offence.\n(5) This section does not apply if the offender would have a defence to\na prosecution for the offence.\n(6) In this section:\npartnership does not include an incorporated limited partnership\nformed under the Partnership Act 1997.\n104 Offence – managers of unincorporated associations taken to\nhave committed offence of other manager\n(1) If a person (the offender) who is concerned with, or takes part in,\nthe management of an unincorporated association commits an\noffence against a provision of this Act in the course of the activities\nof the association, each other person who is concerned with, or\ntakes part in, the management of the unincorporated association is:\n(a) taken to have committed the offence; and\n(b) liable to the same penalty for the offence as an individual.\n\nPart 6 Miscellaneous matters\nTraining and Skills Development Act 2016 44\n(2) Subsection (1) does not apply if:\n(a) the other person was not in a position to influence the conduct\nof the offender; or\n(b) the other person, being in a position to influence the conduct\nof the offender, took reasonable steps and exercised due\ndiligence to prevent the conduct.\nNote for subsection (2)\nThe defendant has an evidential burden in relation to the matters mentioned (see\nsection 43BU of the Criminal Code).\n(3) This section does not affect the liability of the offender.\n(4) This section applies whether or not the offender is prosecuted for,\nor convicted of, the offence.\n(5) This section does not apply if the offender would have a defence to\na prosecution for the offence.\n105 Giving of notices\nA notice required or permitted by this Act to be given to a person\nmay be so given:\n(a) by handing it or tendering it to that person; or\n(b) by post; or\n(c) by leaving it with a person apparently over the age of 16 years\nat the last-known or usual place of residence or business of\nthe person to whom it is to be given; or\n(d) if the address of the person to whom it is to be given is not\nknown – by publishing the notice in the Gazette.\n106 Approved forms\nThe CEO may approve forms for this Act.\n107 Regulations\nThe Administrator may make regulations under this Act.\n\nPart 7 Repeals and transitional matters\nDivision 2 Transitional matters for Training and Skills Development Act 2016\nTraining and Skills Development Act 2016 45\nPart 7 Repeals and transitional matters\nDivision 1 Acts repealed\n108 Acts repealed\nThe Acts specified in Schedule 2 are repealed.\nDivision 2 Transitional matters for Training and Skills\nDevelopment Act 2016\n109 Definitions\nIn this Division:\ncommencement means the commencement of this Act.\nrepealed Act means the Northern Territory Employment and\nTraining Act 1999 as in force immediately before the\ncommencement.\n110 Continuation of certain things and offices\nDespite the repeal effected by section 108:\n(a) a registered training agreement in force under the repealed\nAct immediately before the commencement continues in force\nas if it were a registered training contract under this Act; and\n(b) a training schedule, for a registered training agreement, in\nforce under the repealed Act immediately before the\ncommencement continues in force as if it were a training plan\nunder this Act; and\n(c) an approved apprenticeship in existence under the repealed\nAct immediately before the commencement continues in\nexistence:\n(i) if the qualification specified in the registered training\nagreement is a nationally recognised qualification that\nmay be attained through being trained in an\napprenticeship — as if it were an approved\napprenticeship under this Act; and\n(ii) in any other case — as if it were an approved\ntraineeship under this Act; and\n\nPart 7 Repeals and transitional matters\nDivision 2 Transitional matters for Training and Skills Development Act 2016\nTraining and Skills Development Act 2016 46\n(d) an approval in force under section 45(1) of the repealed Act\nimmediately before the commencement continues in force as\nif it were an approval under section 36(1) of this Act; and\n(e) an employer who, immediately before the commencement,\nwas an approved employer under section 47 of the repealed\nAct is taken to be an approved employer under this Act; and\n(f) a probationary period of a training agreement in operation\nunder the repealed Act immediately before the\ncommencement continues as if it were a probationary period\nof a training contract under this Act; and\n(g) a person who, immediately before the commencement, was\nan apprentice under the repealed Act is taken to be an\napprentice for this Act if the qualification that the person is\nseeking to attain is an approved qualification that may be\nattained through being trained in an apprenticeship; and\n(h) a person who, immediately before the commencement, was\nan apprentice under the repealed Act is taken to be a trainee\nfor this Act if the qualification that the person is seeking to\nattain is an approved qualification that may be attained\nthrough being trained in a traineeship; and\n(i) the register established and maintained under section 72 of\nthe repealed Act before the commencement is taken on and\nafter the commencement to be the register required to be\nestablished and maintained under section 79 of this Act; and\n(j) an application for registration of a training agreement under\nthe repealed Act that, immediately before the commencement,\nhad not been determined under that Act is taken to be an\napplication for registration of a training contract under this Act;\nand\n(k) a person who, immediately before the commencement, was\nan authorised officer appointed under section 43 of the\nrepealed Act is taken to be an authorised officer under this\nAct; and\n(l) a suspension of a training agreement under section 60(1) of\nthe repealed Act in force immediately before the\ncommencement remains in force as if it were a suspension of\na training contract under section 63(1) of this Act;\n(m) an application made to the Appeals and Review Tribunal\nunder the repealed Act before the commencement that was\nnot determined before the commencement may continue to be\ndetermined by that Tribunal on and after the commencement\n\nPart 7 Repeals and transitional matters\nDivision 2 Transitional matters for Training and Skills Development Act 2016\nTraining and Skills Development Act 2016 47\nas if the repealed Act had not been repealed.\n111 Offences – before and after commencement\n(1) This Act applies only in relation to offences committed after the\ncommencement.\n(2) The repealed Act continues to apply in relation to offences\ncommitted before the commencement.\n(3) For this section, if any of the conduct constituting an offence\noccurred before the commencement, the offence is taken to have\nbeen committed before the commencement.\n\nSchedule 1 Reviewable decisions\nTraining and Skills Development Act 2016 48\nSchedule 1 Reviewable decisions\nsection 88\nReviewable decision Affected person\nA decision under section 38(3) to refuse to\ngrant approval to employ an apprentice or a\ntrainee\nThe person who applied\nfor approval\nA decision under section 38(3) to impose a\ncondition on the grant of approval to employ\nan apprentice or a trainee\nThe person who applied\nfor approval\nA decision under section 39(1)(a) to refuse\nto vary or revoke an approval\nThe employer who applied\nfor the variation or\nrevocation\nA decision under section 39(1)(b) to vary or\nrevoke an approval\nThe employer who is the\nsubject of the approval that\nis varied or revoked\nA decision under section 40 to declare an\nemployer to be a prohibited employer\nThe employer who is the\nsubject of the declaration\nA decision under section 43 not to revoke a\ndeclaration\nThe employer who applied\nfor revocation\nA decision under section 43 to partly revoke\na declaration\nThe employer who applied\nfor revocation\nA decision under section 50(1) to refuse to\nregister a training contract\nThe employer who\nsubmitted the contract for\nregistration\nA decision under section 50(1) to impose a\ncondition on the registration of a training\ncontract\nThe employer who\nsubmitted the contract for\nregistration\nA decision under section 52(1) to cancel the\nregistration of a training contract\nEach party to the contract\nA decision under section 57 to refuse to\napprove an RTO\nThe RTO that applied for\napproval\nA decision under section 57 to impose a\ncondition on the approval of an RTO\nThe RTO that applied for\napproval\nA decision under section 59(1)(a) to refuse\nto vary or revoke an approval\nThe approved RTO\nA decision under section 59(1)(b) to vary or\nrevoke an approval\nThe approved RTO\n\nSchedule 1 Reviewable decisions\nTraining and Skills Development Act 2016 49\nReviewable decision Affected person\nA decision under section 63(1) to suspend\nthe operation of a registered training\ncontract\nEach party to the contract\nA decision under section 64(2) to refuse to\napprove an application for the assignment\nof a registered training contract\nEach party to the contract\nA decision under section 64(2) to impose a\ncondition on the approval of an application\nfor the assignment of a registered training\ncontract\nEach party to the contract\nA decision to make a declaration under\nsection 65(3)\nThe employer to whom the\nregistered training contract\nis assigned\nA decision under section 68(2) made in\nresolving, or attempting to resolve, a\ndispute between the parties to a registered\ntraining contract\nEach party to the contract\nA decision under section 76(1) to require\nthe employer to keep records\nThe employer to whom the\nrequirement applies\nA decision under section 77(1) to require\nthe employer to provide copies of records\nThe employer to whom the\nrequirement applies\n\nSchedule 2 Repealed Acts\nTraining and Skills Development Act 2016 50\nSchedule 2 Repealed Acts\nsection 108\nNorthern Territory Employment and Training Act 1999 Act No. 51 of 1999\nNorthern Territory Employment and Training Authority\nAmendment Act 2002\nAct No. 46 of 2002\nNorthern Territory Employment and Training\nAmendment Act 2004\nAct No. 42 of 2004\n\nENDNOTES\nTraining and Skills Development Act 2016 51\nENDNOTES\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nTraining and Skills Development Act 2016 (Act No. 25, 2016)\nAssent date 29 June 2016\nCommenced 4 July 2016 (Gaz S61, 4 July 2016)\nTraining and Skills Development Amendment Act 2018 (Act No. 26, 2018)\nAssent date 22 November 2018\nCommenced 23 November 2018 (s 2)\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 1, 4, 29, 31, 40, 45, 103 and\n109.\n4 LIST OF AMENDMENTS\ns 4 amd No. 26, 2018, s 4\npt 2\ndiv 1 hdg rep No. 26, 2018, s 5\nss 9 – 10 rep No. 26, 2018, s 5\npt 2\ndiv 2 hdg rep No. 26, 2018, s 5\nss 11 – 28 rep No. 26, 2018, s 5\npt 2\ndiv 3 hdg rep No. 26, 2018, s 5\ns 29 amd No. 26, 2018, s 6\ns 98 amd No. 26, 2018, s 7\npt 8 hdg exp No. 25, 2016, s 113\nss 112 – 113 exp No. 25, 2016, s 113\nsch 3 exp No. 25, 2016, s 113","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"Sections 4, 5(2)(a), 6(2)(a), 40(3) and 44","severity":"high","reasoning":"Section 40(3) requires the declaration to prohibit the employer from employing any apprentice or trainee, and section 44 criminalises contravention. But section 4 defines a prohibited employer as one declared under section 40, while sections 5(2)(a) and 6(2)(a) provide that an employee of a prohibited employer is not an apprentice or trainee. Once the declaration operates, the status necessary for its employment prohibition and enforcement offence is removed.","confidence":0.98,"description":"The prohibited-employer declaration and offence are self-nullifying.","source_quotes":["prohibited employer means an employer declared to be a prohibited employer under section 40.","However, an employee is not an apprentice if: (a) the employee's employer is a prohibited employer;","The declaration must state that the employer must not employ any apprentice or trainee while the declaration is in force."]}],"contradictions":[]},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"This Act replaces and modernises the Northern Territory’s previous apprenticeship/traineeship law (the Northern Territory Employment and Training Act 1999 — s 108 and Sch 2) and formalises Territory procedures to match nationally recognised qualifications and the Commonwealth regulatory framework (s 3(2)(a)). The core scope — regulating apprenticeships and traineeships, approving employers and RTOs, registering training contracts and enforcing compliance — remains consistent with that original purpose. Amendments noted in the endnotes are primarily formal or administrative (repeals and technical changes) rather than a material expansion of policy scope."},"complexity_factors":["Comprehensive multi‑Part structure (7 Parts with multiple Divisions and Subdivisions)","Large interpretation/definitions section with ~30 defined terms (s 4)","Many approval and registration processes with conditions, variations and revocations (ss 33–36, 38–39, 50–51, 57–59)","Widespread CEO discretion and delegation powers creating cross‑references throughout (ss 29–32, multiple decision points)","Numerous offences with differing penalty levels and frequent use of strict liability (see ss 37, 47, 48, 58, 66–67, 75–77, 85–87)","Nested procedural time limits and notification rules (training contract submission/registration, probationary periods, 14‑day windows in ss 46, 48–51, 60–63, 64(7))","Detailed enforcement powers for authorised officers including entry, search and seizure (ss 80–84)","Multi‑layered review framework: internal review by appointed reviewer then CEO decision, plus Tribunal review for specified decisions (Part 5, Schedule 1)","Cross‑jurisdictional linkage to Commonwealth legislation and transitional carry‑over from repealed NT Act (s 3(2)(a), ss 108–111)"],"plain_english_summary":"The Act creates a Territory system to license, register and enforce employment‑based VET (apprenticeships and traineeships): it sets who can be apprentices/trainees, how training contracts and plans are made and recorded, and gives the CEO broad powers to approve employers, RTOs and qualifications, set pay and police compliance. It affects apprentices/guardians, employers, RTOs and the CEO, and matters because it ties Territory delivery to national qualifications while centralising regulatory control and compliance burdens."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The original 2016 Act established the Northern Territory Training Commission and contained extensive governance structures (Parts 2-3, Divisions 1-3 covering Commission establishment, membership, and committees). The 2018 amendments repealed these entire divisions (sections 9-28) and removed the Commission, significantly narrowing the scope to focus purely on the administrative and regulatory framework for apprenticeships/traineeships managed by the CEO. The Act has effectively shrunk from a broad institutional establishment Act to a focused regulatory scheme."},"complexity_factors":["Multiple nested approval processes (employer approval, RTO approval, qualification approval, training contract registration) with interdependent conditions","Extensive defined terms section (24+ definitions) including complex concepts like 'certifiable component', 'training package qualification', and 'nationally recognised qualification'","Strict liability offences (no need to prove intent) mixed with fault-based offences requiring recklessness or intention, creating a layered criminal liability framework","Detailed procedural requirements for administrative actions (show cause notices, 14-day response periods, specific notification requirements) in Division 3 and sections 39, 59","Complex transitional provisions (section 110) mapping old Act concepts to new Act concepts with conditional logic ('if...then...otherwise')","Multiple review pathways (internal review then Tribunal review) with different affected person definitions depending on decision type","Vicarious liability provisions for executive officers, partners, and unincorporated association managers (sections 102-104) with specific defences and evidential burdens","Cross-references to Commonwealth legislation (National Vocational Education and Training Regulator Act 2011) and NT Criminal Code for general principles of criminal responsibility"],"plain_english_summary":"This is the **Northern Territory's main law for vocational education and training (VET)**, covering apprenticeships and traineeships. It sets up a system where employers, training providers, and the government work together to ensure people get proper workplace training that leads to nationally recognised qualifications.\n\n**What it does:**\n\n*   **Creates a regulator** – The Chief Executive Officer (CEO) oversees the whole system, approves qualifications, employers, and training providers, and can investigate problems.\n*   **Controls who can employ apprentices/trainees** – Employers must be approved by the CEO before they can take on an apprentice or trainee. The CEO can also ban bad employers (\"prohibited employers\") from participating.\n*   **Manages training contracts** – Every apprentice or trainee must have a registered training contract with their employer. These contracts can be suspended, cancelled, or transferred (assigned) to another employer with approval.\n*   **Sets training standards** – Training must follow approved plans, provided by approved Registered Training Organisations (RTOs). The law prevents \"double-dipping\" where an apprentice is forced to redo training they've already completed elsewhere.\n*   **Protects wages and conditions** – It guarantees minimum pay rates based on skill level, and includes protections for apprentices/trainees during industrial disputes or slow work periods.\n*   **Provides enforcement powers** – Authorised officers can enter workplaces to check compliance, inspect records, and issue directions. There are offences for obstructing officers, giving misleading information, or underpaying workers.\n*   **Allows appeals** – Decisions by the CEO or their delegates can be reviewed internally, and then appealed to the Northern Territory Civil and Administrative Tribunal.\n\n**Who it affects:**\n\n*   **Apprentices and trainees** – People learning a trade or skill while working.\n*   **Employers** – Businesses wanting to hire apprentices/trainees (must be approved).\n*   **Registered Training Organisations (RTOs)** – Schools or colleges providing the formal training component.\n*   **The Northern Territory Government** – Through the CEO and authorised officers who administer and enforce the scheme.\n\n**Why it matters:**\nThis law ensures that apprenticeships and traineeships in the NT are legitimate, safe, and lead to real qualifications. It protects young workers from exploitation, stops dodgy employers from operating in the system, and maintains quality standards so that qualifications are recognised across Australia."}},"importantCases":[],"_links":{"self":"/api/acts/training-and-skills-development-act-2016","history":"/api/acts/training-and-skills-development-act-2016/history","analysis":"/api/acts/training-and-skills-development-act-2016/analysis","conflicts":"/api/acts/training-and-skills-development-act-2016/conflicts","importantCases":"/api/acts/training-and-skills-development-act-2016/important-cases","documents":"/api/acts/training-and-skills-development-act-2016/documents"}}